ABUSE OF PROTECTION FROM HARASSMENT ORDERS AND OTHER COURT ACTIONS: On two occasions in the past five years, suspects in investigations undertaken by IRS Forensic Investigations, have approached the Magistrate's Court to have an interim Protection Order issued against IRS for investigating them and posting the details of their illicit
activities on social and main stream media.
In both instances, IRS immediately approached the respective courts with the facts and the orders were set aside.
On another occasion, a suspect approached the Magistrate's Court to have an interim Protection Order issued against our client to prevent our client from instructing IRS to investigate him.
The order was withdrawn by the court after we submitted representations on behalf of our client.
In yet another matter, one of our clients that commented on an IRS investigation into an advance fee scam on a well known television show was served a summons in respect of an application for an interdict him from commenting further on the matter and accusing him of defamation.
This application had no legs
and went no further.
Last year, following the airing on television of an IRS investigation into a well known gold coin dealer selling gold "medallions", our client who had commented on the television show, was summonsed for defamation and for "damages" in excess of R20 million! This case had all the hallmarks of a SLAPP application and was been defended in the High Court.
Fraudsters need to understand that the law does not offer protection for the publishing of factual information which is in the interest of the public.
The Protection from Harassment application form states the following just before the signature is applied by the applicant: WARNING:
* It is a criminal offence to make a false statement in an affidavit for the application for a protection order.
* The court may make an order as to costs against a party if it is satisfied that the party in question has acted frivolously, vexatiously or unreasonably.
IRS is used to the tactics employed by suspects to try thwart investigations into their illicit activities.
The courts do not have the time and patience to deal with frivolous, vexatious, and unreasonable applications; and suspects trying to abuse the system will face costs orders, and if permissible, IRS will bring forward charges of perjury and defeating the ends of justice.
TAP IMAGE/S BELOW TO EXPAND
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